Is Florida a No-Fault State?

Last updated on: February 16, 2023

Florida is among a few states that have adopted “No Fault” laws to simplify the process of getting a settlement for a car accident. No-fault laws allow drivers to insure themselves, so they have the option of turning to their own insurance policy in case of an accident. These policies are known as “Personal Injury Protection” insurance.

Insurance companies usually want to make profits, so they will use every tactical advantage to minimize or avoid any financial liability. This is why it is important to seek the legal advice of an experienced Miami car accident attorney. Choosing the right lawyer for your case can make a huge difference in its outcome. 

The skilled personal injury attorneys at Charlip Law Group are available to represent you. They may be able to help you negotiate and receive the settlement amount you deserve. They will also take the case to court for compensation if the negligent party is unwilling to give it to you. Call us today to schedule a consultation with an experienced Miami car accident lawyer.

What is No-Fault Insurance and What Does it Cover?

No-fault Insurance, also known as Personal Injury Protection (PIP) Insurance, is designed to quickly provide compensation for victims of car accidents through their own insurance. Regardless of who was at fault in the accident, a PIP can provide compensation to the victims. The primary purpose of PIP is to decrease the number of personal injury claims filed by victims.

Personal Injury Protection Policies (PIP) in Florida can cover medical expenses. The policy can pay up to 80% of the medical bills as long as the treatment is provided by a licensed physician, dentist, or hospital. The policy also covers less serious injuries that are less severe and will pay up to $2,500.

PIP Policies also cover lost wages for injured victims of accidents. These policies pay a percentage of the victim’s salary if they fail to go to work because of their injury. PIP policies in Florida must cover as much as 60 percent of the lost wages. This percentage is based on the income earned for the 13 weeks preceding the accident.

The insurance policy will also include burial and funeral expenses if the victim passes away. Florida’s PIP policy provides death benefits up to $5,000 to eligible survivors. 

There are, however, other damages that the PIP Policy will not cover. These items include:

  • Car damages and damages to other personal property
  • Bodily injury to the other party’s vehicle occupants.
  • Other passengers in your vehicle who are not named in your policy
  • Claims for pain and suffering

Florida’s No-Fault Personal Injury Protection Requirements

Car accident attorney in Miami

Florida’s minimum PIP insurance requirement is $10,000 per person and accident and $5,000 in death benefits. This money will be paid regardless of whether or not you are deemed to have been at fault.

PIP benefits are available to the owner and their relatives in the same household. Any injuries that “arise out of the ownership, maintenance or use of motor vehicles” are covered by PIP. PIP coverage can be applied for almost any motor vehicle injury. 

Financial Responsibility Law in Florida

Florida’s Financial Responsibility Law requires certain drivers to have additional insurance to pay for injuries sustained in serious accidents. These laws are for drivers who are deemed high-risk because of their driving history which includes offenses such as drunk driving or serious accidents.

The Financial Responsibility Law requires these high-risk drivers to have additional insurance aside from what is required by Florida law. These additional requirements can guarantee that the drivers are able to cover damages if they were at fault in an accident up to the maximum amount required by the law. These laws also allow drivers who are at high risk of causing an accident to be held legally responsible for the damages they cause.

The minimum coverage required by Florida’s financial responsibility law for bodily injuries is $100,000 per person for bodily injury and $50,000 per accident for property damage. Anyone convicted of drunk driving on or after October 1, 2007, is subject to the minimum insurance requirements for three years. These minimum insurance coverage requirements are in addition to personal injury protection (PIP), and property damage insurance, which all drivers must have. 

Getting the Help of a Skilled Florida Car Accident Lawyer

Although it is not required to hire a car accident attorney to file a claim for no-fault insurance in Florida, a Miami personal injury lawyer may be able to help you to navigate the legal system. A skilled lawyer may be able to explain your rights in case your insurance refuses or attempts to withhold any compensation.

Charlip Law Group’s injury attorneys have years of experience. They know how to fight your insurance company to get you the financial assistance you require if you are a car accident victim. Contact the Charlip Law Group personal injury lawyers for more information about Florida’s no-fault law. 

Share With Friends
Contact Us

Tell us about your legal concern

Related Posts